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Fiqh and Management of Ḥajj and ʿ Umrah

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Fiqh and Management of Ḥajj and ʿ Umrah FIQH AND MANAGEMENT OF ḤAJJ AND ʿUMRAH THE MALAYSIAN PERSPECTIVE [This page is intentionally left blank.] FIQH AND MANAGEMENT OF ḤAJJ AND ʿUMRAH THE MALAYSIAN PERSPECTIVE ABDULLAAH JALIL Wisdom Publication Published by: WISDOM PUBLICATION NS0078217-W No. 110, Jalan Dillenia 3, Laman Dillenia, Nilai Impian, Nilai, Negeri Sembilan. Tel: 06 794 6394 Email: [email protected] Blog: www.wisdompublication.blogspot.com Copyright © 2014 Wisdom Publication ISBN 978-967-10299-9-2 First Edition First Printing: June 2014 This Printing: September 10, 2019 Design and Printing: ZARASA ENTERPRISE, 001372482-A, C-7-G, Jalan Jati 9, Acacia Avenue, Putra Nilai, 71800 Nilai, Negeri Sembilan. Tel: +6019-282 6924 Email: [email protected] All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form, or by any means, electronic, mechanical, photocopying, recording or otherwise, without the prior permission of the author or Wisdom Publication (NS0078217-W), except by a reviewer who may quote brief passages in a published review. The opinions and positions expressed by the authors of this publication are not necessarily the opinions or positions of Wisdom Publication (NS0078217-W). Allah said (Āli cImran: 96-97): ِ ِ ِ ِ ِ ِ ِ إِ نََّّ َأ و َلََّّ َب ْيتََّّ ُوض َعََّّللن ا ِسََّّ َل لذيَّبِ َب ك َةََّّ ُم َبا َر ًكاَّ َو ُه ًدىَّل ْل َعا ََل َيََّّ)*(َّفيهََّّآ َيا تََّّ َب ِّينَا تََّّ ِ ِ ِ ِ ِ َم َقا ُمََّّإِ ْب َراهي َمََّّ َو َم ْنََّّ َد َخ َل ُهََّّ َكا َنََّّآمنًا َّ َوَِّللََِّّ َع َلَّ َّالن ا ِسَّ َّح جََّّا ْل َب ْيتََّّ َم ِنََّّا ْس َت َطا َعََّّإِ َل ْيهََّّ ِ ِ َسبِي ًلََّّ َو َم ْنََّّ َك َف َرََّّ َفإِ نََّّاللََّ َغن يََّّ َع ِنََّّا ْل َعا ََل َيََّّ)*(ََّّ Meaning: “[96] The first House (of worship) appointed for men was that at Bakka: full of blessing and of guidance for all kinds of beings: [97] In it are signs manifest; (for example), the Station of Abraham; whoever enters it attains security; pilgrimage thereto is a duty men owe to Allah―those who can afford the journey; but if any deny faith; Allah stands not in need of any of His creatures..” DEDICATION To my parents: Hj Jalil Omar and Hapisah Ismail, And all my family members, To my beloved wife: Suraiya Osman, And all my dearly loved children: Abdurrahman al-Munib, Maryam al- Safiyyah, Sara al-Ameena and Ibtisam al-Nafeesa. FOREWORD In the name of Allah, the Most Gracious, and the Most Merciful. Praise be to Allah , The Almighty and The Most Glorified. Peace be upon the Prophet Muhammad , his family and companions , May Allah bless them with honour and graces. This is the first academic writing of Mr. Abdullaah Jalil in the subjet of Hajj and ʿUmrah. It combines between fiqh (Islamic jurisprudence) and managerial perspectives of Hajj and ʿUmrah with specific reference to the Malaysian context. The author has adopted a new and fresh way in discussing the subject and it might be – wallahu aʿlam - the first of its kind. We, as the publisher, feel very honoured and grateful to have the privilege for the publication of this very book. May this book enrich and develop the discipline of Hajj and ʿUmrah in a modern way and approach. We really hope that this book will benefit the ummah in many ways and may Allah grant the author and anyone who contributed directly or indirectly to the materialization of this book His mercy, blessing and forgiveness. Thank you and Wassalamuʿalaikum. Best Regards, WISDOM PUBLICATION i INTRODUCTION In the name of Allah, the Most Gracious, and the Most Merciful; All praises are only for Allah , the Almighty, who created the whole heavens and earths. Peace be upon the Prophet Muhammad , his family and companions, May Allah bless them with honour and graces: Ḥajj could be considered as the biggest annual mass assembly of Muslims or even the people of the earth. It is estimated that about two or three millions of people congregate altogether in the manāsik / mashāʿir of Ḥajj every year to perform this fifth pillar of Islam. Although Ḥajj can be viewed as the miracle of Islam, it also poses managerial issues and challenges for the authorities and operators to ensure the smooth and efficient Ḥajj activities taking place. This book is an effort by the author to explore the management of Ḥajj and ʿUmrah as practiced in Malaysia, particularly by Tabung Haji. Malaysia has been recognized by many parties, including the Saudi Arabia government, as the best country in managing its Ḥajj groups. For the first edition of this book, the author does not aim to be comprehensive in discussing all aspects of Ḥajj management. Nevertheless, the author hopes that all the main aspects and issues have been highlighted and discussed in this edition. The discussion of Ḥajj and ʿUmrah in this book shall cover the two main aspects (as its title suggests): 1. The Shariah aspect of Ḥajj and ʿUmrah; and 2. The Managerial aspect of Ḥajj and ʿUmrah The discussion of the Fiqh aspect of Ḥajj and ʿUmrah could be found in both classical and contemporary works. However, the managerial aspect of Ḥajj and ʿUmrah is somewhat new and not many references were written in this field. Furthermore, the managerial aspect could be viewed from three different levels: National level Agency level Individual level ii This book will be revisited and reviewed continuously from time to time in order to deal with the developments occur in the managerial practices of Ḥajj and ʿUmrah, particularly in Malaysia. In completing this book, the author attempted to adopt the content and methodology adopted by madhhab al-Imām al-Shāfiʿi and Tabung Haji in preaching the Ḥajj and ʿUmrah to the readers. Thus, Tabung Haji’s website and publications are the main references for this book. This is to ensure that the learner and reader of this book will be exposed to the Malaysian approach of Ḥajj and ʿUmrah which is basically based on the madhhab of al- Imām al-Shāfiʿi – one of the four main Sunni schools of Islamic jurisprudence - that is recognized globally by the Islamic jurists and scholars. Notwithstanding, the process is carried out while keeping the originality of the author’s works and efforts in this subject. The author sincerely hopes that this book would benefit the readers, students as well as academicians in learning and discussing Hajj and ʿUmrah from two different aspects: Fiqh and Management. May Allah forgive the author on any mistake occurring in this book, the author will never claim for perfection and may anyone who found any mistake in this book convey it to the author in the best manner. The author also prays that all the efforts that have been spent by him to make this book a reality are accepted by Allah as a good and sincere deed on “the day whereon neither wealth nor sons will avail, but only he (will prosper) that brings to Allah a sound heart”, (Al- Shuʿarāʾ:88-89). ِ ِ ِ ِ َو َماَّ َت ْوفيقيَّإِﻻ َّبِاللَِّا ْل َع ِِّلَّا ْل َعظي ِم، ِ ِ ِ ِ ِ ِ َّ َو َص لَّا ُللَّ َع َلَّ َس ِّيد َناَّ ُ َُم مدََّّالن بِ ِّيَّ ْاﻷُ ِّم ِّيََّّذيَّا ُْْل ُل ِقَّا ْل َعظي ِم،َّ َو َع َلَّآلهَّ َو َص ْحبِهَّ ِ ِ ِ ِ ِ ِ َو َتابِعيهَّا لذَّي َنَّا ْق َت َدواَّ ِ َِب ْد ِيهَّا ْل َق ِوي ِم،َّ ِِفَّ ُك ِّلَّ ََْل َحةَّ َو َن َف سَّ َع َد َدَّ َماَّ َوس َع ُهَّع ْل ُمَّاللَِّ ِ ا ْل َعظي ِم. Author. iii ABOUT THE AUTHOR Abdullaah Jalil is a senior lecturer at the Faculty of Economics and Muamalat, USIM. He obtained his MBA, with major in Islamic Banking and Finance (IBF), from IIUM and was awarded the Best Student Award of MBA (Islamic Banking and Finance) in August 2004. He completed his Bachelor’s Degree in Shariah (Fiqh and Islamic Studies) (Hons) within three years time from Yarmouk University, Jordan with “First Class” or “Mumtaz” achievement - the first Malaysian with such achievement. He has taught several subjects at the undergraduate and postgraduate levels, inter alia, Qawaiʿd Fiqh Muamalat, Halal and Haram in Islam, Application of Fiqh Muamalat, Management of Islamic Banking and Takaful Institutions, Fiqh Muamalat I, II & III. His areas of research interest are Islamic financial product development, Fiqh Muamalat application, Islamic banking and finance, Waqf and Shariah audit. Currently, he is pursuing PhD in Islamic Finance at the International Centre for Education in Islamic Finance (INCEIF). He is also a member of Shariah Committee at Bank Rakyat, PruBSN Takaful and Koperasi Kakitangan USIM. iv CONTENTS IN BRIEF SECTION I: SHARIAH ASPECT OF HAJJ AND UMRAH CHAPTER (1): THE SHARIAH FOUNDATIONS AND RULINGS OF ḤAJJ AND ʿUMRAH ...................................................................................... 3 CHAPTER (2): HISTORY AND PHILOSOPHY OF ḤAJJ AND ʿUMRAH IN ISLAM ...................................................................................................... 21 CHAPTER (3): FIQH OF ḤAJJ AND ʿUMRAH ......................................... 45 CHAPTER (4): THE PRACTICAL PROCESS OF ḤAJJ (TIME AND PLACE) AND ʿUMRAH ............................................................................... 85 SECTION II: MANAGERIAL ASPECT OF HAJJ AND UMRAH CHAPTER (5): MANAGERIAL PERSPECTIVES AND ASPECTS OF HAJJ AND ʿUMRAH .................................................................................. 111 CHAPTER (6): ḤAJJ AND ʿUMRAH MANAGEMENT AT THE NATIONAL LEVEL ................................................................................... 121 CHAPTER (7): OPERATIONAL MANAGEMENT OF HAJJ BY TABUNG HAJI ........................................................................................... 157 CHAPTER
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